Legal analysis: 1. Form of trademark transfer
Contract transfer: The most common method of trademark transfer. The two parties sign a contract and submit it to the Trademark Office for review. After the review is passed, the trademark transfer success. The transferor stipulates the content of the registered trademark transferred, mutual rights, obligations and liability for breach of contract through a contract. This form of transfer is generally paid, that is, the transferor charges a certain transfer fee by transferring the exclusive right to the registered trademark.
Succession and transfer: refers to the death or incapacity of individuals and individual industrial and commercial households registered in accordance with the law, and the legal heirs inherit their registered trademarks.
There are two situations for the inheritance and transfer of registered trademarks:
(1) After the registered owner (natural person) dies, that is, after the end of his life, there are heirs who inherit the deceased’s property according to the inheritance procedure. All registered trademarks.
(2) Succession and transfer when the enterprise as the owner of the registered trademark is merged or merged.
Transfer due to administrative order: This form of transfer generally occurs in countries with public ownership. The administrative orders mentioned here are mainly those plans and administrations that cause the transfer of property. For example, if my country's state-owned enterprises are divided, merged, dissolved or transferred according to administrative orders, the subject of registered trademarks will inevitably change. Trademark transfer occurs after a judgment on trademark ownership is made by a court or other public authority.
Legal basis: Article 42 of the "Trademark Law of the People's Republic of China" transfers a registered trademark, the transferor and the transferee shall sign a transfer agreement and submit the same to the Trademark Office Make an application.